Child protection

CMY2604-23-S2

Assignment 01 Semester 2

Jo-Ané Celine Hammond

Student Number : 68462166

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Index :

Page 1….. Cover Page

Page 2….. Index

Page 3….. Introduction – Explaining what the assignment is about.

Question 1 : Discuss the sections of the South African Constitution that are
specifically dealing with the protection of children.

Page 4….. Question 2 : Explain why it is important to determine the age of a child in
conflict with the law. Also indicate the role of police officials, probation officers and
presiding officers in determining the age of the child.

Page 5….. Reference list.

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Introduction :

In this assignment I will be discussing the sections of the South African Constitution
that are specifically dealing with the protection of children as well as explaining why it
is important to determine the age of a child in conflict with the law from my point of
view as well as my study guide “Dealing with Youth Offenders. And last but not least
I will also be indicating the role of police officials, probation officers and presiding
officers in determining the age of the child when in conflict with the law.

Question 1 : Discuss the sections of the South African Constitution that are
specifically dealing with the protection of children.

The South African Constitution are there to keep the South Africans in line. It does
not just protect the plaintiff but it also sees that the offender are not being handled
outside the lines of their human rights, especially children which, even though they
also break the law, are still children and they need protection. In the Constitutions
specific reference to children you will see why many South Africans, like myself,
believe in that system. Children is clarified as persons under the age of 18 years old,
therefore most of these offenders, if seen as a child, are still in school and they
cannot protect themselves, this is where Section 28 in the Constitution steps in, to
protect them. Some people do believe that all criminals should be treated the same
and yes according to Section 35 in the Constitution children also have the right to
“remain silent, the right to a fair and speedy trial, the right to a legal representative,
and the right to a legal representative at the expense of the state where the accused
cannot afford one and substantial injustice would result if the accused were not
represented by a legal representative (Gallinetti 2009:10)” (Dealing with Youth
Offenders, study guide). Even though the constitution has a lot of great principals to
protect children in conflict with the law there is a few that is especially important
when it comes to juveniles and their best interests. One of the previous mentioned
principles is “to be protected from maltreatment, neglect, abuse or degradation”(
Dealing with Youth Offenders, study guide). I couldn‟t agree more with that principle,
simply because most juveniles already struggles at home. Some of these children
comes from homes where they are already mistreated, abused, neglect etc. and in
my own opinion, they see the law as a safe house. They see Police members as
protection and in that moment, if you do not obey that principle you could possibly
ruin the rest of that child‟s life where the risk of the child‟s well-being, their health
whether it is physical or mentally and so much more. But I also agree with a little
phrase I learned in school which is „You should bend the tree while it is young‟
therefore a juvenile should still be taught a great lesson when they are in conflict with
the law. The child should know what they did wrong, why it is wrong and that each
choice you make have a consequence. Juveniles needs to take responsibility and
then needs to be punished, in an age appropriate manor, for the law that child broke.

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Question 2 : Explain why it is important to determine the age of a child in conflict with
the law. Also indicate the role of police officials, probation officers and presiding
officers in determining the age of the child.

In South Africa we have a lot of different rules, regulations and principles when it
comes to someone breaking the law. A Juvenile, which is a child under the age of 18
years old, are treated much differently than an adult, a person 18years or older,
would be. Knowing the age or determining the age of a child is extremely important
so that the certain rules that applies to them during their conflict the law could strictly
be followed to avoid any and all negative outcomes for the child. In example, a police
officer who is not sure of a child‟s age, should always treat that child as if they are
under the age of fourteen and contact a probation officer and or a medical
practitioner can determine the right age of the child. If the probation officer does not
know the child‟s age, even when taking in a lot of different considerations, they must
make an estimate with the guidelines of Section 13(2) in the South African
Constitution. Should it happen that there is no certainty from either parts about the
child‟s age the presiding officer or, as we know it, the child justice court, should then
make a decision, taking in consideration the opinions of a medical practitioner and
the probation officer, the decided age should then be recorded to amend later on
should the uncertainty become clearer.

Children is the future and it takes a village to raise a child. Taking that in
consideration we should all be taking hands in trying to steer children in the right way
and if they then do come in conflict with the law we can certainly be sure that the
child and their best interest will be protected by the South African Constitution.

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References :

1) (Gallinetti 2009:10)
2) (Dealing with Youth Offenders, study guide)